Delta Apparel, Inc Sample Contracts

Delta Apparel, Inc – EMPLOYMENT AGREEMENT (January 2nd, 2019)

THIS EMPLOYMENT AGREEMENT (“Agreement”), dated as of January 1, 2019, is by and between Delta Apparel, Inc., a Georgia corporation (“Company”), and Jeffery N. Stillwell (“Executive”).

Delta Apparel, Inc – EMPLOYMENT AGREEMENT (January 2nd, 2019)

THIS EMPLOYMENT AGREEMENT (“Agreement”), dated as of January 1, 2019, is by and between Delta Apparel, Inc., a Georgia corporation (“Company”), and Deborah H. Merrill (“Executive”).

Delta Apparel, Inc – EMPLOYMENT AGREEMENT (January 2nd, 2019)

THIS EMPLOYMENT AGREEMENT (“Agreement”), dated as of January 1, 2019, is by and between Delta Apparel, Inc., a Georgia corporation (“Company”), and Justin M. Grow (“Executive”).

Delta Apparel, Inc – EMPLOYMENT AND NON-SOLICITATION AGREEMENT (November 19th, 2018)

THIS EMPLOYMENT AND NON-SOLICITATION AGREEMENT ("Agreement"), dated as of December 31, 2015, is by and between SALT LIFE, LLC, a Georgia limited liability company ("Company"), and Jeffery N. Stillwell, a Georgia resident ("Executive").

Delta Apparel, Inc – CONSENT AND THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (October 9th, 2018)

THIS CONSENT AND THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is made and entered into on October 8, 2018, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), CULVER CITY CLOTHING COMPANY, a Georgia corporation ("Culver City"), SALT LIFE, LLC, a Georgia limited liability company ("Salt Life"), DTG2GO, LLC, a Georgia limited liability company formerly known as Art Gun, LLC ("DTG2GO"; Delta, Soffe, Culver City, Salt Life, and DTG2GO, each individually, a "Borrower" and, collectively, "Borrowers"); the parties to the Credit Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (May 7th, 2018)

THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (“Agreement”) is dated this ___ day of ______________, 20__ by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – CONSENT AND SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (March 13th, 2018)

THIS CONSENT AND SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment") is made and entered into on March 9, 2018, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), CULVER CITY CLOTHING COMPANY, a Georgia corporation formerly known as Junkfood Clothing Company ("Junkfood"), SALT LIFE, LLC, a Georgia limited liability company ("Salt Life"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, Salt Life, and Art Gun, each individually, a "Borrower" and, collectively, "Borrowers"); the parties to the Credit Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (November 28th, 2017)

THIS RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (“Agreement”) is dated this _____ day of _____________, _______, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (November 28th, 2017)

THIS FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Consent") is made and entered into this 27th day of November, 2017, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), JUNKFOOD CLOTHING COMPANY, a Georgia corporation ("Junkfood"), SALT LIFE, LLC, a Georgia limited liability company ("Salt Life"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, Salt Life, and Art Gun, each individually, a "Borrower" and, collectively, "Borrowers"); the parties to the Credit Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Delta Apparel, Inc – PERFORMANCE UNIT AWARD AGREEMENT (May 8th, 2017)

THIS PERFORMANCE UNIT AWARD AGREEMENT (“Agreement”) is dated this ________ day of ____________, ______, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ______________________ (“Participant”).

Delta Apparel, Inc – FOURTH AMENDMENT TO EMPLOYMENT AND NON-SOLICITATION AGREEMENT (April 28th, 2017)

THIS FOURTH AMENDMENT TO EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Fourth Amendment”), dated this 27th day of April, 2017, is entered into by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and Robert W. Humphreys, a South Carolina resident (“Executive”).

Delta Apparel, Inc – Trust Indenture Act Section Indenture Section 310(a)(1) 6.09 (a)(2) 6.09 (a)(3) N.A. (a)(4) N.A. (a)(5) 6.08 (b) 6.08 311(a) 6.13 (b) 6.13 312(a) 7.01; 7.02 (b) 7.02 (c) 7.02 313(a) 7.03 (b)(2) 7.03 (c) 7.03 (d) 7.03 314(a) 7.04; 1.02 (c)(1) 1.02 (c)(2) 1.02 (c)(3) N.A. (e) 1.02 (f) N.A. 315(a) 6.01 (b) 6.02; 1.06 (c) 6.01 (d) 6.01 (e) 5.14 316(a)(last sentence) 1.01 (a)(1)(A) 5.12 (a)(1)(B) 5.02; 5.13 (a)(2) N.A. (b) 5.08 (c) 3.07; 3.08; 1.04 317(a)(1) 5.03 (a)(2) 5.04 (b) 4.06; 10.03 318(a) 1.07 (b) N.A. (c) 1.07 (December 19th, 2016)

THIS SENIOR INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and                     , a                     , as trustee (hereinafter called the “Trustee”), is made and entered into as of this      day of         ,         .

Delta Apparel, Inc – Trust Indenture Act Section Indenture Section 310(a)(1) 6.09 (a)(2) 6.09 (a)(3) N.A. (a)(4) N.A. (a)(5) 6.08 (b) 6.08 311(a) 6.13 (b) 6.13 312(a) 7.01; 7.02 (b) 7.02 (c) 7.02 313(a) 7.03 (b)(2) 7.03 (c) 7.03 (d) 7.03 314(a) 7.04; 1.02 (c)(1) 1.02 (c)(2) 1.02 (c)(3) N.A. (e) 1.02 (f) N.A. 315(a) 6.01 (b) 6.02; 1.06 (c) 6.01 (d) 6.01 (e) 5.14 316(a)(last sentence) 1.01 (a)(1)(A) 5.12 (a)(1)(B) 5.02; 5.13 (a)(2) N.A. (b) 5.08 (c) 3.07; 3.08; 1.04 317(a)(1) 5.03 (a)(2) 5.04 (b) 4.06; 10.03 318(a) 1.07 (b) N.A. (c) 1.07 (December 19th, 2016)

THIS SUBORDINATED INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and                     , a                     , as trustee (hereinafter called the “Trustee”), is made and entered into as of this      day of             ,         .

Delta Apparel, Inc – EMPLOYMENT AND NON-SOLICITATION AGREEMENT (November 29th, 2016)

THIS EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Agreement”), dated as of December 31, 2015, is by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and, Justin M. Grow, a South Carolina resident (“Executive”).

Delta Apparel, Inc – ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION 1 Section 1.01 Definitions 1 Section 1.02 Officers’ Certificates and Opinions 8 Section 1.03 Form of Documents Delivered to Trustee 8 Section 1.04 Acts of Securityholders 9 Section 1.05 Notices, etc., to Trustee and Company 10 Section 1.06 Notice To Securityholders; Waiver 10 Section 1.07 Conflict with Trust Indenture Act 11 Section 1.09 Successors and Assigns 11 Section 1.10 Separability Clause 11 Section 1.11 Benefits of Indenture 11 Section 1.12 Governing Law 11 Section 1.13 Counterparts 12 Section 1.14 Judgment Currency 12 S (November 23rd, 2016)

THIS SUBORDINATED INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and                     , a                     , as trustee (hereinafter called the “Trustee”), is made and entered into as of this      day of             ,         .

Delta Apparel, Inc – ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION 1 Section 1.01 Definitions. 1 Section 1.02 Officers’ Certificates and Opinions. 8 Section 1.03 Form of Documents Delivered to Trustee. 8 Section 1.04 Acts of Securityholders. 9 Section 1.05 Notices, etc., to Trustee and Company. 10 Section 1.06 Notice To Securityholders; Waiver. 10 Section 1.07 Conflict with Trust Indenture Act. 11 Section 1.09 Successors and Assigns. 11 Section 1.10 Separability Clause. 11 Section 1.11 Benefits Of Indenture. 11 Section 1.12 Governing Law. 11 Section 1.13 Counterparts. 11 Section 1.14 Judgment C (November 23rd, 2016)

THIS SENIOR INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and                     , a                     , as trustee (hereinafter called the “Trustee”), is made and entered into as of this      day of         ,         .

Delta Apparel, Inc – Company Contact: Deborah Merrill (August 8th, 2016)
Delta Apparel, Inc – Company Contact: Deborah Merrill (May 12th, 2016)
Delta Apparel, Inc – CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Sole Lead Arranger, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Sole Book Runner, WELLS FARGO BANK, NATIONAL ASSOCIATION and THE LENDERS THAT ARE PARTIES HERETO as the Lenders, and DELTA APPAREL, INC., M. J. SOFFE, LLC, JUNKFOOD CLOTHING COMPANY, SALT LIFE, LLC, and ART GUN, LLC, as Borrowers Dated as of May 10, 2016 (May 12th, 2016)

THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this "Agreement"), is entered into as of May 10, 2016, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a "Lender", as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, "Agent"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as sole lead arranger (in such capacity, together with its successors and assigns in such capacity, the "Sole Lead Arranger"), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as sole book runner (in such capacity, together with its successors and assigns in such capacity, the "Sole Book Runner"), DELTA APPAREL, INC.,

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (February 9th, 2016)

THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (“Agreement”) is dated this ___ day of ________, 20__, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (February 9th, 2016)

THIS RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (“Agreement”) is dated this ___ day of ________, 20__, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – EMPLOYMENT AND NON-SOLICITATION AGREEMENT (January 19th, 2016)

THIS EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Agreement”), dated as of January 18, 2016, is by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and, Andrew R. DuVall, a Georgia resident (“Executive”).

Delta Apparel, Inc – EMPLOYMENT AND NON-SOLICITATION AGREEMENT (January 7th, 2016)

THIS EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Agreement”), dated as of December 31, 2015, is by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and, Deborah H. Merrill, a South Carolina resident (“Executive”).

Delta Apparel, Inc – EMPLOYMENT AND NON-SOLICITATION AGREEMENT (January 7th, 2016)

THIS EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Agreement”), dated as of December 31, 2015, is by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and, Martha M. Watson, a South Carolina resident (“Executive”).

Delta Apparel, Inc – FOURTH AMENDMENT TO YARN SUPPLY AGREEMENT (December 15th, 2015)

This Fourth Amendment to Yarn Supply Agreement (the “Fourth Amendment”) is made as of the 11th day of December 2015, by and between Parkdale Mills, Incorporated, a North Carolina corporation, and Parkdale America, LLC, a North Carolina limited liability company (collectively, “Parkdale”), and Delta Apparel, Inc., a Georgia corporation (“Delta”).

Delta Apparel, Inc – CONSENT AND FOURTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (March 4th, 2015)

THIS CONSENT AND FOURTH AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into this 27th day of February, 2015, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), JUNKFOOD CLOTHING COMPANY, a Georgia corporation ("Junkfood"), TO THE GAME, LLC, a Georgia limited liability company ("TTG"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, TTG and Art Gun being hereinafter collectively called "Borrowers" and individually a "Borrower"); the parties to the Loan Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AWARD AGREEMENT (December 10th, 2014)

THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (“Agreement”) is dated this ___ day of ______________, 20__ by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – PERFORMANCE UNIT AWARD AGREEMENT (December 10th, 2014)

THIS PERFORMANCE UNIT AWARD AGREEMENT (“Agreement”) is dated this ____ day of ___________, 20__, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________________ (“Participant”).

Delta Apparel, Inc – THIRD AMENDMENT TO EMPLOYMENT AND NON-SOLICITATION AGREEMENT (December 8th, 2014)

THIS THIRD AMENDMENT TO EMPLOYMENT AND NON-SOLICITATION AGREEMENT (“Third Amendment”), dated this 5th day of December, 2014, is entered into by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and Robert W. Humphreys, a South Carolina resident (“Executive”).

Delta Apparel, Inc – THIRD AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (October 1st, 2014)

THIS THIRD AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into this 26th day of September, 2014, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company ("Soffe"), JUNKFOOD CLOTHING COMPANY, a Georgia corporation ("Junkfood"), TO THE GAME, LLC, a Georgia limited liability company ("TTG"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, TTG and Art Gun being hereinafter collectively called "Borrowers" and individually a "Borrower"); the parties to the Loan Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in such capacity, "Agent").

Delta Apparel, Inc – AGREEMENT (December 6th, 2013)

This Agreement (the “Agreement”) is executed this 6th day of December, 2013, by and between Delta Apparel, Inc., a Georgia corporation with a principal place of business at 322 South Main Street, Greenville, South Carolina 29601 ("Delta"), on the one hand, and IMG Worldwide, Inc., an Ohio corporation, with a principal place of business at 5000 Sawgrass Village Circle, Suite 30, Ponte Vedra Beach, Florida 32082 (“IMG”) on the other hand. Delta and IMG may be collectively referred to herein as the “Parties.”

Delta Apparel, Inc – DELTA APPAREL, INC. and (November 13th, 2013)

THIS SENIOR INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and ______________, a _______________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of this _____ day of ____________, ______.

Delta Apparel, Inc – DELTA APPAREL, INC. and (November 13th, 2013)

THIS SUBORDINATED INDENTURE, between Delta Apparel, Inc., a Georgia corporation (hereinafter called the “Company”) having its principal office at 322 South Main Street, Greenville, South Carolina 29601 and _________________, a _________________________, as trustee (hereinafter called the “Trustee”), is made and entered into as of this _____ day of ______________, _________.

Delta Apparel, Inc – DELTA APPAREL, INC. 2010 STOCK PLAN RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (August 29th, 2013)

THIS RESTRICTED STOCK UNIT AND PERFORMANCE UNIT AWARD AGREEMENT (“Agreement”) is dated this ___ day of ______, 20__, by and between DELTA APPAREL, INC., a Georgia corporation (“Company”), and ____________________ (“Participant”).

Delta Apparel, Inc – CONSENT AND FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (August 29th, 2013)

THIS CONSENT AND FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Amendment") is made and entered into this 27th day of August, 2013, by and among DELTA APPAREL, INC., a Georgia corporation ("Delta"), M. J. SOFFE, LLC, a North Carolina limited liability company and successor-by-merger to TCX, LLC, a North Carolina limited liability company ("Soffe"), JUNKFOOD CLOTHING COMPANY, a Georgia corporation ("Junkfood"), TO THE GAME, LLC, a Georgia limited liability company ("TTG"), ART GUN, LLC, a Georgia limited liability company ("Art Gun"; Delta, Soffe, Junkfood, TTG and Art Gun being hereinafter collectively called "Borrowers" and individually a "Borrower"); the parties to the Loan Agreement (as defined below) from time to time as Lenders (each individually, a "Lender" and collectively, "Lenders"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Wells Fargo"), in its capacity as agent for Lenders (together with its successors in